Banking and Finance Law Articles

Articles written by lawyers worldwide
explaining the different aspects of Banking and Finance.

Malta QROPS: A Success Story

Malta has come a long way since it first gained its Qualifying Recognized Overseas Pension Schemes (“QROPS”) status from the UK HM Revenue and...
FIND LEGAL ARTICLES

The Consumer Complaints Handling Procedures in Malta

Pursuant to article 20 of the Malta Financial Services Authority Act (Chapter 330 of the Laws of Malta), the MFSA is required to appoint a...

Cayman Islands' Court of Appeal Re-affirms Status of Segregated Portfolio Companies

The Cayman Islands Court of Appeal has re-affirmed the distinction between segregated portfolio companies (“SPCs”) and their segregated...

An Introduction to Investment Support and Promotion Agency - Turkey

Turkish Government has incorporated The Republic of Turkey Prime Ministry Investment Support and Promotion Agency (“ISPAT”) by law no 5523...

New Turkish Commercial Code

The new Turkish Commercial Code numbered 6102 (the “New TCC”) was promulgated in the Official Gazette on February 14, 2011 and has entered into...

Summary of Minister of Public Housing Regulation Number 06/PERMEN/M/2009 - Indonesia

  By Leks&Co
Background - The purpose of the issuance of Regulation No. 6 is to implement the provisions of Article 7 paragraph (2) and paragraph (3) of...

Transfer of Ownership of Foreign Shares - Indonesia

  By Leks&Co
Background - The application for transfer of ownership of foreign shares can be submitted either by foreign investment company or by domestic...

The Sanctions of Bad Check under the Light of Regulations Brought by the Turkish Law Numbered 6273

“The Act to Amend of Check Law” numbered 6273, accepted on the date of 31.01.2012 by the Grand National Assembly of Turkey has been entered into...

The Basics of the Home Affordable Refinance Program (HARP)

This article covers the eligibility criteria for homeowners who wish to lower their interest rates and monthly mortgage payments through the...

The JOBS Act – Key Provisions You Should Know

Last month, President Obama signed historic and far reaching legislation into law – the Jumpstart Our Business Start-ups Act (the “JOBS Act”)....

Recognized Incorporated Cell Companies - Malta

On the 17th April 2012, the Companies Act (Recognized Incorporated Cell Companies) Regulations were incorporated into Maltese law by virtue of...

Do I Need a Seattle Real Estate Lawyer to Invest in Real Estate?

If you are considering purchasing investment property, rather than a primary residence, getting help from a Seattle real estate lawyer can be...

Stepping Up on Corporate Governance of Listed Issuers in Hong Kong

In line with the trend towards higher level of corporate governance and more accountability of listed issuers and their directors in many other...

JOBS Act: Initial Public Offering “On-Ramp”

  By TroyGould
The JOBS Act, signed into law on April 5, 2012, is intended to stimulate job creation and economic growth by improving access to the capital...

Securities Fraud Attorneys Work to Recover Investors' Losses

Has a stockbroker or financial advisor misled you, recommending a product or investment that proved to be unsafe or not suitable for you? A...

Can an Investment Securities Fraud Lawyer Help When You've Been Scammed by a Broker?

You trusted your broker or financial advisor to help you make smart decisions and increase your investments; now, you suspect that he/she may...

JOBS Act: SEC Must Amend Reg D to Permit Advertising for Private Offerings to Accredited Investors

  By TroyGould
The Jumpstart Our Business Startups Act (JOBS Act) has made several important changes to federal securities laws. One of these changes has been...

JOBS Act Makes Major Revisions to Securities Laws; Eases Capital-Raising for Smaller Companies

  By TroyGould
The JOBS Act is intended to stimulate job creation and economic growth by improving access to the capital markets for emerging growth companies....

Thinking of Starting a Business in Italy? Beware of Italian Red Tape

Gabriele Giambrone, Managing Partner at Giambrone Law ILP, the Anglo-Italian law firm, comments on the failed venture of the British firm,...

Business Valuation in Divorce Proceedings: Understanding of the Basic Approaches to Value

Determining the valuation in divorce proceedings can often be contentious and difficult. There are three approaches to value any asset, business...

How to Raise Money for Your Company

For many private and public companies raising funds is essential to get over the hump and on the road to revenues and eventual profits. There...

How to Choose a Corporate Securities Attorney

Finding a qualified securities law attorney is not difficult, if you know where, and how, to look.

5 Ways to Help Maintain ’34 Act Reporting Compliance

In tough economic times there are things smaller public companies can do to help ensure they maintain their ’34 Act reporting compliance.

Suspect Investment Fraud?

Unfortunately, many investors are taken advantage of by unscrupulous brokerage firms and financial advisors every day.

OSOS and OSSC Revisited

More than two years ago Thailand decided to concentrate several governmental services for foreign investors at one place in Bangkok. In the...

Aircraft Finance in Turkey

Since aircrafts are high priced, airlines usually prefer different financing methods than payment for their fleet in cash. Apart from payment in...

Russian Legislation Overview, January 2012

The Russian Legislation Overview includes a brief overview of the major legal acts that came into force in January 2012. Federal Law N 353-FZ...

Free Trade Zones Law of Turkey

In this article you will find general information on Free Trade Zones regulation of Turkey that will help foreign investors to make transit...

Is $92 Billion a Year in Stock Trading an “Established Public Market”?

In 1964 the SEC published its policy regarding registration of securities without an “established trading market.” From that policy came the...

Documentary Credit in International Trade

Documentary credits law depends on the principle of autonomy or independence of the credit and the doctrine of strict compliance. The principle...

Increase of Capital - Indonesia

  By Leks&Co
Background - A Limited Liability Companies (“Company”) may gain their capital by increasing its capital, the process is performed based on...

Simplification of Cross Border Payments in the Eurozone

Overview of SEPA - The Single Euro Payments Area (SEPA) is an initiative of the European banking industry to simplify all electronic payments...

Double Taxation Avoidance Agreements and Taxation of Controlled Foreign Companies (“CFC”) in Turkey

Although it has been long time to have CFC regulation in Turkey, in parallel with the increasing rate of growth of Turkish economy, many major...

Entrepreneurs and Investors Continue to Get Red Carpet Treatment to Set Up in the UK

The Tier 1 (Entrepreneur) category is for those investing in the United Kingdom by setting up or taking over, and being actively involved in the...

The New Check Regime of Turkey

The Turkish Parliament has recently adopted a legislation that brings down penalties on bounced checks. Accordingly, contrary to the former...

Tier 1 (Investor) Visa- Invest in the UK to gain Citizenship

The Tier 1 (Investor) category is for those high-net-worth individuals who want to make a substantial financial investment in the UK of...

Attracting the “Best of Breed” for Malta’s Financial Services Industry

An outline of the Highly Qualified Persons Rules, 2011 - Managing Growth - Malta has attracted much media attention as an up-and-coming onshore...

New EU Stability Mechanism Treaty on Strengthening Fiscal Discipline and Convergence

EU leader Member States agreed on a new Treaty on Stability, Coordination and Convergence in the Economic and Monetary Union. The European...

Directors’ Fiduciary Obligation and the Law on Improper Purpose

In the recent Hong Kong case of Passport Special Opportunities Master Fund, LP v eSun Holdings Ltd [2011] 4 HKC 62, the court examined the law...

Investment Law Dispute Settlement through ICSID - Indonesia

  By Leks&Co
Background - International Center for Settlement of International Dispute (“ICSID”) was established on the basis of the Convention on the...

Merger on Investment Company - Indonesia

  By Leks&Co
Background - Merger is a legal action conducted by one or more company to merge with another existing company causing the assets and liabilities...

Mechanism of the Investment Licenses - Indonesia

  By Leks&Co
Background - Mechanism of the investment licenses that is applied by BKPM to the investor covers provisions concerning business sector and...

The Frankfurt Stock Exchange for Indian Issuers

Indian companies are accessing the Frankfurt Stock Exchange (“FSE”) and other foreign capital markets in search of capital and liquidity for...

Foreign Loans in Belarus

Loan agreement is one of the most common ways of financing in Belarusian companies when a foreign shareholder provides a loan to the Belarusian...

Dominican Law 158-01 of Tourism Incentives for Development

The tax benefits of Law 158-01 may extend to the purchase and acquisition of Dominican Republic real estate such as second homes and vacation...

Estate Planning for Same-Sex Couples in Ohio

I recently had the opportunity to develop an estate plan for a same-sex couple and found several effective strategies for making sure each...

Regulation Proposal Regarding the Promotion of Activities for the Protection of EU Financial Interests

The protection of EU’s financial interests reflect s the basic targets and objectives of the European Union to suppress the illegal traffic of...

Bulgarian Business Advantages

The location of Bulgaria makes it strategically advantageous for accessing the developing markets in Eastern Europe and Turkey. It is also a...

Country’s Indebtedness as Threat in Doing Business? The Case of DR. Congo and China vs. Vulture Funds

It is normal to think that the indebtedness of Democratic Republic of Congo [DRC] and potential threats such Vulture Fund activity increase the...

NDRC’s New Regulation on RMB Private Equity Funds in China

The regulatory regime on private equity fund is developing at a fast pace, despite there is still no unified national-level law or regulation...

Venture Capital Terms: A Primer

Whether you are a company looking to raise financing or a potential investor, make sure you understand the important concepts that you will...

Restructuring and Insolvency in Greece - Q & A Guide

Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Restructuring &...

Investment Promotion in the Democratic Republic of Congo

In order to value the extraordinary resources, the Democratic Republic of Congo adopted from 2001, an important batch of economic measures...

Access and Admission of Foreign Investors in the Democratic Republic of Congo

This articles discusses the Investment Legislation and its Reasoning; Foreign Investment Establishment, Registering and Licensing Processes;...

SEC Moves Forward and Approves Tougher Listing Standards for Reverse Merger Companies

In November, the Securities and Exchange Commission approved new rules (the “New Reverse Merger Rules”) that make it more difficult for...

Form S-8 Registration Requirements

Registration of securities on Form S-8 (“Form S-8”) is a short-form registration statement under the Securities Act of 1933, as amended (the...

SEC Rules Affecting Shell Companies

What is a Shell Company? Securities Act Rule 405 and Exchange Act Rule 12b-2 define a Shell Company as a company, other than an asset-backed...

FINRA Rule 6490

FINRA Rule, 6490, recently enacted in September 2010, requires issuers of equities and debt securities not listed on exchanges to provide timely...

Investor Relations 101

Investor relations involve the dissemination of information regarding a publicly traded company to create awareness of the public company and...

Recent Development of China’s Merger Control: A Review on the Penelope/Savio and GE/CSCLC Cases

China launched formally a comprehensive business concentration control regime on 1 August 2008 when its Anti Monopoly Law (“AML”) entered into...

Offer in Compromise - Is Pennies on the Dollar for Real?

Learn The Truth About The OIC Program - By now, most troubled taxpayers looking for a way to resolve their IRS debt have seen commercials from...

Tax Laws in Ethiopia

Brief note on the various tax laws of Ethiopia. In Ethiopia there are two types of tax. These are direct and indirect tax.

Areas of Investment Provided by the Ethiopian Investment Laws for Domestic and Foreign Investors

Do you want to know about areas of investment permitted for investment according to Ethiopian law? Below you will find these areas of investment...

Shareholder Agreements in Russia: Preliminary Results

Before 1 June 2009 a concept of shareholders agreements was not recognized as a matter of Russian law. That is why joint ventures, project...

Malta Financial Services Authority Licenses the First Electronic Money Institution in Malta

On the 24th October 2011, Syspay Ltd, under the assistance and guidance of GVZH Advocates, became the first Electronic Money Institution to be...

Choosing a Securities Arbitration Lawyer

Choosing a securities arbitration lawyer is not something that should be done in haste, and without careful consideration. When you are facing a...

Capital Contributions by Equity: Available to Foreign Invested Enterprises in China Soon

On May 4th 2011, the Ministry of Commerce (“MOFCOM”) issued a Draft of the Management Measures regarding Capital Contribution by Equity to...

The Connecting Europe Facility Regulation

The Connecting Europe Facility (CEF) Regulation and its impact on Cyprus Republic. The European Commission adopted on October 2011, a plan...

Types of Licenses and the Period of Establishment - Indonesia

  By Leks&Co
Background BKPM holds 2 (two) types of services on investment activity for the investor in the territory of Indonesia, which is the licensing...

Possible Reprieve for Ponzi Scheme Innocent Net Winners

The Ninth Circuit Rules that 523(a)(19) of the Bankruptcy Code does not apply to innocent wrongdoers who are the recipients of ill-gotten gains...

Selling of Structured Products Now More Restricted in Hong Kong

The bankruptcy of Lehman Brothers saw thousands of retail investors in Hong Kong with their savings evaporated and subsequent questions raised...

LEGISLATIVE PROPOSAL PREPARATION ON EU FINANCIAL TRANSACTIONS TAX

Finance ministers and Central Bank governors of European Union Member States debated during the last informal Economic and Financial ECOFIN...

Public Finances and Budgetary Developments in the EU and in Cyprus

All European Union countries have been affected between 2008 and 2010 by the economic and financial crisis and after a contraction in 2009 in...

EMIs: A Shift to a Lighter Regulatory Regime - Malta

Recent amendments to the Financial Institutions Act (Chapter 376 of the Laws of Malta) (the “Act”) have effectively brought the regulation of...

Qualified Recognised Overseas Pension Schemes (QROPS) - Malta

QROPS are Pillar II pension schemes established outside the UK and which are recognized as such by Her Majesty’s Revenue and Customs (HMRC). The...

Disclosure Obligations in Debt and Equity Offerings - Ukraine

  By Integrites
Whether it’s a start-up project or a successfully running company, at some point in time every business faces a need to raise money for a...

Security Instruments in Ukraine

  By Integrites
The year of 2010 was marked by a number of loans, both foreign and domestic, raised by Ukrainian companies or their foreign affiliates or parent...

Privatizations in Turkey

The fundamental transformation in Turkish economy has been observed during the massive privatization process since 1994. The investment...

The Malta Option is “in-the-Money”

Fund managers don’t like surprises. And it is this aversion to anything unknown that has caused the more “traditional” financial centers like...

European Stability Mechanism (ESM)

On 17 December 2010 the European Council agreed on the need for a Eurozone area and on the establishment of a permanent stability mechanism...

Factors contributing to Malta’s success as a financial services hub, past and future.

Malta has established itself on the map of domiciles of choice for alternative investment funds and continues to build its reputation as a...

Council’s Recommendation on National Reform Program 2011 and Stability Program 2011-2014 for Cyprus

The Council concluded on 12 July 2011 the first European Semester which has been implemented this year, for the first time, as part of a broader...

Asset and Liability Protection for Your Business or Rental/Investment Property

If you purchased real estate as part of a business purchase, if you inherited real estate, if you are retired and own properties you want to...

EU Budgetary Perspectives 2014-2020

The European Commission has faced the challenge of being able to fund a number of policy areas where the EU could be more effective, by acting...

Mechanism on the Application for Investment Licenses - Indonesia

  By Leks&Co
To create an order in the investment activity, the authorized body needs to set out a line of licensing process before an investor could conduct...

Financing Independent Film: Tax Credits for Independent Film

Independent film financing and tax credits are linked and play a huge role in making a successful film. Understanding where these credits are...

China Releases New Rules Guiding Merger Control Review

The Anti-Monopoly Law (“AML”) opens a new landscape for merger and acquisition practice in China. Regardless where a merger takes place, if the...

New Bank Rules in Panama

A brief on new agreement No. 004-2011 of May 4, 2011 on banking transactions.

Thailand: The Underestimated Importance of Accounting

An article regarding the legal, tax and business aspects of a prudent accounting in Thailand.

Capitalizing Foreign-invested Enterprises with the Equity of PRC Companies

On 4 May 2011, China’s Ministry of Commerce (“MOFCOM”) published draft Administrative Measures Concerning Capital Contribution with Equity in...

EU Offers Financial Support to the Russian Enterprise Sector

The Russian Federation is one of the most important partners for the European Union. A key priority for the EU is to build a strong strategic...

Administrative Cooperation in the Field of Taxation (Council Directive 2011/16/EU of 15 February 2011) - Cyprus

In April 2009, the European Commission issued a Communication on “Good Governance in Tax Matters” with the intention to launch a debate about...

Foreign Investments in SEZs as the Most Perspective Mechanism of PPP - Russia

Relative quiet conditions in the investment market give time for reconsideration and principle restructuring of the elements of the given market...

The Case of the Problematic Developer - Russia

Investing in commercial construction projects is an entrepreneurial activity that, according the Article 2 of the Legal Code of the Russian...

Collective Investment Schemes under Nigeria’s Investment and Securities Act 2007

Part XIII of the Investment and Securities (ISA) 2007 creates collective investment schemes in Nigeria.

Common Myths Regarding Filing for Bankruptcy

Filing for bankruptcy is often a confusing and difficult topic for consumers – however, it is also an extremely important solution for those who...

How to Enforce a Foreign Judgment in China

  By Amaris Law
A case study on enforcing a German judgment in P.R. China, showing exemplary pitfalls for foreign clients who intend to realize the enforcement...

Perspectives of the Eurozone’s Future

The presentation of a “Pact of Competitiveness” at the EU summit on 4 February by Germany and France was the plan for the Eurozone Member States...

Cyprus - Non-registration of Registrable Charges

As a general rule, a charge created by a Cyprus company conferring security on the company’s property or undertaking constitutes a charge...

Recent Developments in Russian Clearing and Netting Legislation

Federal law 7-FZ “On clearing and clearing activity” dated 7 February 2011 and Federal law 8-FZ “On implementation of amendments to certain...


Find a Lawyer

Find a Local Lawyer